IN RE GAVIN CULLENS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of GAVIN CULLENS, a Minor.
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
November 30, 1999
Plaintiff-Appellee,
v
No. 208541
Wayne Juvenile Court
LC No. 95-332262
GAVIN CULLENS,
Defendant-Appellant.
Before: Jansen, P.J., and Hoekstra and J. R. Cooper*, JJ.
MEMORANDUM.
Defendant appeals as of right from a commitment order entered by the juvenile court on his plea
of admission to an incorrigibility petition. We affirm. This appeal is being decided without oral
argument pursuant to MCR 7.214(E).
On appeal, defendant argues that his plea of admission to incorrigibility should not have been
accepted because his testimony at the plea proceeding was insufficient to establish a factual basis for the
plea. We disagree. In addition to admitting that he ran away from his parents’ home for three days
shortly before he was placed in a shelter, defendant also admitted that he had problems attending school
while living with his parents because he was “getting kicked out for fighting.” This testimony is sufficient
to provide a factual basis for finding that defendant was “repeatedly disobedient” within the meaning of
MCL 712A.2(a)(3); MSA 27.3178(598.2)(a)(3). See In re Wiess, 224 Mich App 37, 41; 568
NW2d 336 (1997).
Affirmed.
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
/s/ Kathleen Jansen
/s/ Joel P. Hoekstra
/s/ Jessica R. Cooper
-2
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